PUTRAJAYA: Former federal territories minister Khalid Samad has failed in his bid to obtain leave to appeal to the Federal Court from a Court of Appeal decision setting aside RM80,000 in damages awarded to him for defamation.
In an online proceeding today, a three-member Federal Court panel comprising Court of Appeal president, justice Rohana Yusuf, and justices Harmindar Singh Dhaliwal and Zabidin Diah, dismissed Khalid’s application and ordered him to pay RM30,000 costs.
Rohana, who led the panel, said the court had considered all submissions and found that Khalid’s application did not meet the requisite conditions for leave to be given.
Khalid had sued former Malaysia Islamic Strategic Research Institute (Iksim) chief executive officer Naser Disa for defamation over the Shariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016, or RUU355.
The High Court had on July 17, 2019, ruled in favour of Khalid and ordered Naser to pay him RM80,000.
On Jan 28, this year, the Court of Appeal allowed Naser’s appeal to set aside the High Court’s decision, prompting Khalid to file for leave to pursue his appeal to the Federal Court.
Khalid filed a suit against Naser in December 2017 claiming that Naser had made malicious statements against him in a seminar organised by the Selangor Islamic religious department (JAIS) on Sept 28, 2017 at the Tengku Ampuan Jemaah Mosque, Bukit Jelutong in Shah Alam.
Khalid claimed that Naser, had in a lecture titled, “Discourse on current issues and Selangor state legislation: Doctrine: Challenges and Constitution”, had among other things, stated that he (Khalid) was strongly against RUU355, against the implementation of Islamic law including hudud, and opposed efforts to empower the shariah courts.
High Court judicial commissioner Rohani Ismail, in her decision, which was in favour of Khalid, held that the court found no evidence indicating that Khalid had issued any statement that he was against RUU355.
Khalid was represented by lawyer Faiz Fadzil while Hasnal Rezua Merican acted for Naser.